The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005

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(a) in subsection (4)–


(i) for "fire" (in both places) substitute "relevant";

(ii) for "officer" where it secondly occurs substitute "employee";



(b) in subsection (5)[2] for "fire" substitute "authorised employee of a relevant"; and

(c) after subsection (6) add–

    " (7) In this section, "relevant authority" has the meaning given by section 6 of the Fire (Scotland) Act 2005 (asp 5).".

(a) in section 1 (use of premises requiring fire certificate), subsections (1) and (3A)[3];

(b) in section 3 (power of fire authority to make fire certificates compulsory), subsections (3) to (5) and (7);

(c) in section 4 (rights of appeal against and coming into force of section 3 notices), subsection (4);

(d) in section 5 (application for and issue of fire certificates), subsections (1) to (4)[4];

(e) in section 5A[5] (powers of fire authorities to grant exemptions), subsections (1) to (5) and (7) to (9);

(f) in section 5B[6] (withdrawal of exemptions), subsections (1) to (3) and (5);

(g) in section 6 (contents of fire certificate), subsections (2) and (5) to (7);

(h) in section 8 (change of conditions affecting adequacy of certain matters specified in fire certificates, etc), subsections (1) to (7), (9), (11) and (12);

(i) in section 8A[7] (change of conditions affecting premises for which exemption has been granted), subsection (1);

(j) in section 8B[8] (charges in relation to fire certificates), subsections (1) and (3);

(k) in section 9 (rights of appeal in respect of sections 5 to 8), subsections (1) to (3);

(l) in section 9A[9] (duty as to means of escape and for fighting fire), subsection (2);

(m) in section 9D[10] (improvement notices), subsections (1) and (2);

(n) in section 10[11] (prohibition notices), subsections (2) to (4) and (7);

(o) in section 12[12] (power to make regulations about fire precautions), subsections (7), (8) and (10);

(p) in section 14 (exercise of certain powers of fire authority in Scotland), subsections (1) and (2);

(q) in section 17[13] (duty of fire authorities to consult other authorities before requiring building alterations), subsections (1) and (2);

(r) in section 18[14] (enforcement of Act), subsections (1) and (2);

(s) in section 27A[15] (civil and other liability), paragraph (a); and

(t) in Schedule 2[16] (special provision for certain premises), paragraph 3(5).

    (4) In section 20 (exercise of inspectors' powers)–

(a) in subsection (1), for "officer of the fire brigade maintained by the fire authority" substitute "employee of the appropriate authority"; and

(b) in subsection (2)–


(i) for "officer of a fire brigade" substitute "employee of an appropriate authority"; and

(ii) for "fire authority who maintain that brigade" substitute "appropriate authority".

    (5) In section 40 (application to Crown)–

(a) in subsection (3)–


(i) for "fire authority" substitute "appropriate authority"; and

(ii) omit "or any person authorised by the Secretary of State to act for the purposes of this section";



(b) in subsection (4)–



(i) for "officer of the fire brigade maintained by the fire authority" substitute "employee of the appropriate authority";

(ii) for "officer of a fire brigade" substitute "employee of an appropriate authority"; and

(iii) for "fire authority who maintain that brigade" substitute "appropriate authority"; and



(c) in subsection (6), for "officer of the fire brigade maintained by the fire authority" substitute "employee of the appropriate authority".

    (6) In section 41 (application to UK Atomic Energy Authority premises)–

(a) in paragraph (a)–


(i) for "fire authority" substitute "appropriate authority"; and

(ii) omit "or any person authorised by the Secretary of State to act for the purposes of this section"; and



(b) in paragraph (b), for "officer of the fire brigade maintained by the fire authority" substitute "employee of the appropriate authority".

    (7) In sub-section (1) of section 43 (interpretation)–

(a) after "Act–" insert–

" "appropriate authority", in relation to any premises or proposed premises, means the relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) for the area in which the premises are or are to be situated;"; and

(b) in the definition of "fire inspector", for "section 24 of the Fire Services Act 1947"[17] substitute "section 43 of the Fire (Scotland) Act 2005 (asp 5)".

The Health and Safety at Work etc. Act 1974 (c.37)

     4. In subsection (4) of section 23 of the Health and Safety at Work etc. Act 1974 (supplementary provisions about notices) for the words from "fire", where it secondly occurs, to "1971", substitute "authority discharging in the area where the premises are (or are to be) situated the functions under the Fire (Scotland) Act 2005 (asp 5) of a relevant authority (as defined in section 6 of that Act).".

" (c) any relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) in whose area the zoo or any part of it is, or is to be situated if that authority is not the local authority for the area;".


The Civic Government (Scotland) Act 1982 (c.45)

     7. —(1) The Civic Government (Scotland) Act 1982 is amended as follows.

    (2) In the provisions mentioned in sub-paragraph (3), for "fire authority" (in each place) substitute "appropriate relevant authority".

    (3) The provisions are–

(a) in section 5 (rights of entry and inspection), subsection (1);

(b) in section 93 (fire precautions in common stairs etc.), subsections (3), (4) and (7);

(c) in section 98 (luminous tube signs), subsection (1)(a) to (c);

(d) in Schedule 1 (licensing – further provisions as to the general system), paragraphs 2(1), 5(5)(d), 7(3)(a), 9(5), 9(7), 10(2)(a), 10(4), 11(7)(d), 12(4), 12(7), 17(4)(c), 17(4)(d);

(e) in Schedule 2 (control of sex shops), paragraphs 8(1), 10(1)(d), 13(5)(d), 14(5), 14(7), 15(2)(a), 15(5) and 23(4)(b).

    (4) In paragraph (a) of subsection (3) of section 5 (rights of entry and inspection), for "a fire authority" substitute "an employee of an appropriate relevant authority".

    (5) In the provisions mentioned in sub-paragraph (6), for "the fire authority" substitute "an employee of the appropriate relevant authority".

    (6) The provisions are–

(a) in section 5 (rights of entry and inspection), subsection (3)(b) and (c)[18] and subsection (6); and

(b) in Schedule 2 (control of sex shops), paragraph 20(1), (3) and (5).

    (7) In section 8 (interpretation of Parts I and II), after "requires" insert–

"appropriate relevant authority", in relation to a licensing authority's area, means the authority discharging in that area the functions of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5);.

    (8) In subsection (4) of section 89 (safety of platforms etc.)–

(a) for the words from "fire authority" (where they firstly occur) to "1959)" substitute "appropriate relevant authority (being the authority discharging in the area of the local authority the functions of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))"; and

(b) for "fire authority" where it thirdly occurs substitute "appropriate relevant authority".

    (9) In section 93 (fire precautions in common stairs etc.)–

(a) in subsection (6), for "a fire authority" substitute "an appropriate relevant authority"; and

(b) in subsection (9) for the words from ""fire authority"" where it firstly occurs to "1959" substitute

" "appropriate relevant authority" means the authority discharging in the area in which the common property is situated the functions of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)".

    (10) In subsection (2) of section 98 (luminous tube signs), after "above–" insert–

" "appropriate relevant authority", in relation to an electrical luminous tube sign, means the authority discharging in the area in which the sign is situated the functions of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5);".

    (11) In paragraph 3 of Schedule 2 (control of sex shops), after "Schedule" insert–

" "appropriate relevant authority", in relation to the area of a local authority, means the authority discharging in that area the functions of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5);".

(a) in section 3 (grant, renewal and transfer of licence or consent), subsections (1)(b), (2) and (3);

(b) section 7(1)(a) (exhibitions in premises used occasionally);

(c) section 8(1)(b) (exhibitions in moveable buildings, etc); and

(d) section 16(3) (appeals against decisions of licensing authority).

    (4) in subsection (10) of section 3, after "appears" insert–

" "appropriate relevant authority", in relation to any premises, means the authority discharging in the area in which the premises are situated the functions under the Fire (Scotland) Act 2005 (asp 5) of a relevant authority (as defined in section 6 of that Act);".

    (5) In subsection (2) of section 8 (exhibitions in movable buildings etc.), after "above" insert–

" "appropriate relevant authority", in relation to any premises, means the authority discharging in the area in which the exhibition is to be given the functions under the Fire (Scotland) Act 2005 (asp 5) of a relevant authority (as defined in section 6 of that Act);".

    (6) In section 13 (powers of entry)–

(a) in subsection (1), for "of the fire authority" substitute "an employee of the appropriate relevant authority";

(b) in subsection (2) for "authorised officer of the fire authority" substitute "employee of the appropriate relevant authority"; and

(c) in subsection (4) for "of the fire authority" substitute "an employee of the appropriate relevant authority".

    (7) In subsection (1) of section 21 (interpretation), after "appears,–" insert–

" "appropriate relevant authority" has the meaning given by section 3(10) above;".

(a) for "fire authority" where it firstly occurs, substitute "appropriate authority"; and

(b) for "a fire authority" substitute "an appropriate authority".

Capital Allowances Act 2001 (c.2)

     11. In paragraph (a) of subsection (3) of section 29 of the Capital Allowances Act 2001 (expenditure incurred for fire safety), for "fire" (in both places) substitute "appropriate".

(a) for "fire services" substitute "fire and rescue services"; and

(b) for "Scottish Fire Service Training School" substitute "Scottish Fire Services College".

    (3) In Part 6 of schedule 2 (accruing resources of the Scottish Administration which may be used without individual limit) in the fourth entry–

(a) in columns 1 and 2, for "Scottish Fire Service Training School" substitute "Scottish Fire Services College"; and

(b) in column 1, for "school's" substitute "college's".

[2] Subsection (5) was amended by sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (c.21).back

[3] Subsection (3A) was inserted by section 8(2)(a) of the Fire Safety and Safety of Places of Sport Act 1987 (c.27).back

[4] Subsections (2) and (3) were amended by sections 8(2)(a) and sections 1(3) and 50(2) of the Fire Safety and Safety of Places of Sport Act 1987 (c.27).back

[5] Subsection 5A was inserted by section 1(4) of the Fire Safety and Safety of Places of Sport Act 1987 (c.27).back

[6] Subsection 5B was inserted by section 1(4) of the Fire Safety and Safety of Places of Sport Act 1987 (c.27).back

[7] Section 8A was inserted by section 2(1) of the Fire Safety and Safety of Places of Sport Act 1987 (c.27).back

[8] Section 8B was inserted by section 3 of the Fire Safety and Safety of Places Sport Act 1987 (c.27).back

[9] Section 9A was substituted by section 5 of the Fire Safety and Safety of Places of Sport Act 1987 (c.27).back

[10] Section 9D was inserted by section 7(1) of the Fire Safety and Safety of Places of Sport Act 1987 (c.27).back

[11] Section 10 was substituted by section 9(1) of the Fire Safety and Safety of Places of Sport Act 1987 (c.27).back

[12] Section 12 was amended by section 7(2) of the Fire Safety and Safety of Places of Sport Act 1987 (c.27).back

[13] Section 17 was amended by Schedule 15 Part II and Schedule 29 of the Local Government (Scotland) Act 1973 (c.65), section 78(1)(6) of the Health and Safety at Work etc. Act 1974 (c.37) and section 7(3) of the Fire Safety and Safety of Places of Sport Act 1987 (c.27).back

[14] Section 18 was amended by section 78(1)(7) of the Health and Safety at Work etc. Act 1974 (c.27).back

[15] Section 27A was inserted by section 12 of the Fire Safety and Safety of Places of Sport Act 1987 (c.27).back

[16] Schedule 2 was inserted by section 16(2) and Schedule 1 of the Fire Safety and Safety of Places of Sport Act 1987 (c.27).back

[17] 1947 c.41.back

[18] Subsection (3) was amended by section 289G of the Criminal Procedure (Scotland) Act 1975 (c.21).back